BILL NUMBER: SB 1282	CHAPTERED  10/10/99

	CHAPTER   854
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 8, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN SENATE   APRIL 29, 1999

INTRODUCED BY   Senator Lewis
   (Coauthor:  Assembly Member Maddox)

                        FEBRUARY 26, 1999

   An act to amend Sections 20001 and 23612 of the Vehicle Code,
relating to vehicles, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1282, Lewis.  Vehicles:  violations.
   (1) Existing law requires the driver of any vehicle involved in an
accident resulting in injury or death to another person to
immediately stop the vehicle at the scene of the accident and to
fulfill specified requirements.
   Under existing law, a violation of this provision is punishable as
either a felony or a misdemeanor if the violation results in death
or permanent, serious injury.
   This bill would recast this provision to make a violation of this
provision either a felony or a misdemeanor if the accident in which
the driver was involved, rather than the failure to immediately stop
the vehicle at the scene of the accident and fulfill specified
duties, results in death or permanent, serious injury.
   (2) Under existing law, if a person submitted to a blood or urine
test in connection with a lawful arrest involving an alleged
driving-under-the-influence violation, the peace officer is required
to forward the results of that test to the appropriate forensic
laboratory, and, in turn, the forensic laboratory is required to
forward the results to the Department of Motor Vehicles.
   This bill would provide that any document containing data prepared
and maintained in the governmental forensic laboratory computerized
data base system that is electronically transmitted or retrieved
through public or private computer networks to or by the department
is the best available evidence of the chemical test results in all
administrative proceedings conducted by the department.  The bill
provide that, in order to be admissible as evidence in an
administrative proceeding, a document described in this paragraph
shall bear a certification by the employee of the department who
retrieved the document certifying that the information was received
or retrieved directly from the computerized data base system of a
governmental forensic laboratory and that the document accurately
reflects the data received or retrieved.   This bill would provide
that the failure of an employee to certify in accordance with the
requirements of this paragraph is not a public offense.
   The bill would make a conforming change in this provision to
reflect other provisions enacted in 1998 regarding driving under the
influence.
   (3) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 20001 of the Vehicle Code is amended to read:
   20001.  (a) The driver of any vehicle involved in an accident
resulting in injury to any person, other than himself or herself, or
in the death of any person shall immediately stop the vehicle at the
scene of the accident and shall fulfill the requirements of Sections
20003 and 20004.
   (b) (1) Except as provided in paragraph (2), any person who
violates subdivision (a) shall be punished by imprisonment in the
state prison, or in a county jail for not more than one year, or by a
fine of not less than one thousand dollars ($1,000) nor more than
ten thousand dollars ($10,000), or by both that imprisonment and
fine.
   (2) If the accident described in subdivision (a) results in death
or permanent, serious injury, any person who violates subdivision (a)
shall be punished by imprisonment in the state prison for two,
three, or four years, or in  a county jail for not less than 90 days
nor more than one year, or by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
both  that imprisonment and fine.  However, the court, in the
interests of justice and for reasons stated in the record, may reduce
or eliminate the minimum imprisonment required by this paragraph.
   (3) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interests of justice and for reasons stated in
the record, may reduce the amount of that minimum fine to less than
the amount otherwise required by this subdivision.
   (c) A person who flees the scene of the crime after committing a
violation of Section 191.5 of, paragraph (1) or (3) of subdivision
(c) of Section 192 of, or subdivision (a) or (c) of Section 192.5 of,
the Penal Code, upon conviction of any of those sections, in
addition and consecutive to the punishment prescribed, shall be
punished by an additional term of imprisonment of five years in the
state prison.  This additional term shall not be imposed unless the
allegation is charged in the accusatory pleading and admitted by the
defendant or found to be true by the trier of fact.  The court shall
not strike a finding that brings a person within the provisions of
this subdivision or an allegation made pursuant to this subdivision.

   (d) As used in this section, "permanent, serious injury" means the
loss or permanent impairment of function of any bodily member or
organ.
  SEC. 2.  Section 23612 of the Vehicle Code is amended to read:
   23612.  (a) (1) (A) Any person who drives a motor vehicle is
deemed to have given his or her consent to chemical testing of his or
her blood or breath for the purpose of determining the alcoholic
content of his or her blood, if lawfully arrested for any offense
allegedly committed in violation of Section 23140, 23152, or 23153.
If a blood or breath test, or both, are unavailable, then paragraph
(2) of subdivision (d) applies.
   (B) Any person who drives a motor vehicle is deemed to have given
his or her consent to chemical testing of his or her blood or urine
for the purpose of determining the drug content of his or her blood,
if lawfully arrested for any offense allegedly committed in violation
of Section 23140, 23152, or 23153.
   (C) The testing shall be incidental to a lawful arrest and
administered at the direction of a peace officer having reasonable
cause to believe the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153.
   (D) The person shall be told that his or her failure to submit to,
or the failure to complete, the required chemical testing will
result in a fine, mandatory imprisonment if the person is convicted
of a violation of Section 23152 or 23153, and (i) the suspension of
the person's privilege to operate a motor vehicle for a period of one
year, (ii) the revocation of the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurs within
seven years of a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code that resulted in a conviction, or if the person's privilege to
operate a motor vehicle has been suspended or revoked pursuant to
Section 13353, 13353.1, or 13353.2 for an offense that occurred on a
separate occasion, or (iii) the revocation of the person's privilege
to operate a motor vehicle for a period of three years if the refusal
occurs within seven years of two or more separate violations of
Section 23103 as specified in Section 23103.5, or of Section 23140,
23152, or 23153, or of Section 191.5 or paragraph (3) of subdivision
(c) of Section 192 of the Penal Code, or any combination thereof,
that resulted in convictions, or if the person's privilege to operate
a motor vehicle has been suspended or revoked two or more times
pursuant to Section 13353, 13353.1, or 13353.2 for offenses  that
occurred on separate occasions, or if there is any combination of
those convictions or administrative suspensions or revocations.
   (2) (A) If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, the person has the choice of
whether the test shall be of his or her blood or breath and the
officer shall advise the person that he or she has that choice.  If
the person arrested either is incapable, or states that he or she is
incapable, of completing the chosen test, the person shall submit to
the remaining test.  If a blood or breath test, or both, are
unavailable, then paragraph (2) of subdivision (d) applies.
   (B) If the person is lawfully arrested for driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug, the person has the choice of whether the test
shall be of his or her blood, breath, or urine, and the officer shall
advise the person that he or she has that choice.
   (C) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the officer has
reasonable cause to believe that the person was driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug and if the officer has a clear indication that
a blood or urine test will reveal evidence of the person being under
the influence.  The officer shall state in his or her report the
facts upon which that belief and that clear indication are based.
The person has the choice of submitting to and completing a blood or
urine test, and the officer shall advise the person that he or she is
required to submit to an additional test and that he or she may
choose a test of either blood or urine.  If the person arrested
either is incapable, or states that he or she is incapable, of
completing either chosen test, the person shall submit to and
complete the other remaining test.
   (3) If the person is lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153, and,
because of the need for medical treatment, the person is first
transported to a medical facility where it is not feasible to
administer a particular test of, or to obtain a particular sample of,
the person's blood, breath, or urine, the person has the choice of
those tests that are available at the facility to which that person
has been transported.  In that case, the officer shall advise the
person of those tests that are available at the medical facility and
that the person's choice is limited to those tests that are
available.
   (4) The officer shall also advise the person that he or she does
not have the right to have an attorney present before stating whether
he or she will submit to a test or tests, before deciding which test
or tests to take, or during administration of the test or tests
chosen, and that, in the event of refusal to submit to a test or
tests, the refusal may be used against him or her in a court of law.

   (5) Any person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal is deemed not to have
withdrawn his or her consent and a test or tests may be administered
whether or not the person is told that his or her failure to submit
to, or the noncompletion of, the test or tests will result in the
suspension or revocation of his or her privilege to operate a motor
vehicle.  Any person who is dead is deemed not to have withdrawn his
or her consent and a test or tests may be administered at the
direction of a peace officer.
   (b) Any person who is afflicted with hemophilia is exempt from the
blood test required by this section.
   (c) Any person who is afflicted with a heart condition and is
using an anticoagulant under the direction of a licensed physician
and surgeon is exempt from the blood test required by this section.
   (d) (1) A person lawfully arrested for any offense allegedly
committed while the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153 may request the arresting officer
to have a chemical test made of the arrested person's blood or breath
for the purpose of determining the alcoholic content of that person'
s blood, and, if so requested, the arresting officer shall have the
test performed.
   (2) If a blood or breath test is not available under subparagraph
(A) of paragraph (1) of subdivision (a), or under subparagraph (A) of
paragraph (2) of subdivision (a), or under paragraph (1) of this
subdivision, the person shall submit to the remaining test in order
to determine the percent, by weight, of alcohol in the person's
blood.  If both the blood and breath tests are unavailable, the
person shall be deemed to have given his or her consent to chemical
testing of his or her urine and shall submit to a urine test.
   (e) If the person, who has been arrested for a violation of
Section 23140, 23152, or 23153, refuses or fails to complete a
chemical test or tests, or requests that a blood or urine test be
taken, the peace officer, acting on behalf of the department, shall
serve the notice of the order of suspension or revocation of the
person's privilege to operate a motor vehicle personally on the
arrested person.  The notice shall be on a form provided by the
department.
   (f) If the peace officer serves the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle, the peace officer shall take possession of any driver's
license issued by this state which is held by the person.  The
temporary driver's license shall be an endorsement on the notice of
the order of suspension and shall be valid for 30 days from the date
of arrest.
   (g) (1) The peace officer shall immediately forward a copy of the
completed notice of suspension or revocation form and any driver's
license taken into possession under subdivision (f), with the report
required by Section 23158.2, to the department.  If the person
submitted to a blood or urine test, the peace officer shall forward
the results immediately to the appropriate forensic laboratory.  The
forensic laboratory shall forward the results of the chemical tests
to the department within 15 calendar days of the date of the arrest.

   (2) (A) Notwithstanding any other provision of law, any document
containing data prepared and maintained in the governmental forensic
laboratory computerized data base system that is electronically
transmitted or retrieved through public or private computer networks
to or by the department is the best available evidence of the
chemical test results in all administrative proceedings conducted by
the department.  In order to be admissible as evidence in
administrative proceedings, a document described in this subparagraph
shall bear a certification by the employee of the department who
retrieved the document certifying that the information was received
or retrieved directly from the computerized data base system of a
governmental forensic laboratory and that the document accurately
reflects the data received or retrieved.
   (B) Notwithstanding any other provision of law, the failure of an
employee of the department to certify under subparagraph (A) is not a
public offense.
   (h) A preliminary alcohol screening test that indicates the
presence or concentration of alcohol based on a breath sample in
order to establish reasonable cause to believe the person was driving
a vehicle in violation of Section 23140, 23152, or 23153 is a field
sobriety test and may be used by an officer as a further
investigative tool.
   (i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
  The person's obligation to submit to a blood, breath, or urine
test, as required by this section, for the purpose of determining the
alcohol or drug content of that person's blood, is not satisfied by
the person submitting to a preliminary alcohol screening test.  The
officer shall advise the person of that fact and of the person's
right to refuse to take the preliminary alcohol screening test.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   The Department of Justice is implementing a system that
electronically transmits forensic blood alcohol laboratory test
results to local law enforcement and state agencies.  The Department
of Motor Vehicles may be precluded under current law from using
electronic reports when conducting administrative hearings for
driving-under-the-influence violations.
   In order to avoid the possibility that the Department of Motor
Vehicles may not be able to apply appropriate sanctions to the
driving privileges of all persons who exceed the legal blood-alcohol
limits while operating motor vehicles at the earliest possible time,
it is necessary that this act take effect immediately.
